Hawaii

Civil Justice Reform Act of 1990

Resource Type: Legislation

Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...

Alternative Dispute Resolution Act of 1998

Resource Type: Legislation

Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...

Hawaii Revised Statutes, Volume 12, Chapter 580, 580-41.5: Battered spouses; exemption from mediation in divorce proceedings

Resource Type: Legislation

Abstract: In contested divorce, custody or visitation disputes where there is evidence of spousal abuse or a protective order is in effect, this statute prohibits the court from requiring parties to participate in mediation. The statute also requires mediators...

Hawaii Revised Statutes, Volume 13, Chapter 601, 601-20: Court annexed arbitration program

Resource Type: Legislation

Abstract: For civil actions with a probable jury award value of $150,000 or less, this section of the code establishes a mandatory arbitration program. The section instructs the court to develop rules for the implementation and administration for the program, ...

Hawaii Revised Statutes, Volume 13, Chapter 671, 671-16.5: Arbitration; subsequent litigation

Resource Type: Legislation

Abstract: For parties claiming a medical tort has been committed or for health care providers against whom a claim has been made, this section allows their case to bypass the court-annexed arbitration program after it has gone through the medical claim concili...

Hawaii Revised Statutes, Volume 13, Chapter 613: Center for Alternative Dispute Resolution

Resource Type: Legislation

Abstract: This chapter establishes the Center for Alternative Dispute Resolution within the judiciary. The center is responsible for providing ADR services for cases referred from courts or other government agencies, promoting the use of ADR and providing curr...

Hawaii Circuit Courts Rule 12.2 - Alternative Dispute Resolution

Resource Type: Rules - Court

Abstract: The court is authorized to order parties to participate in alternative dispute resolution, either at its own volition or at the request of the parties. ADR processes may include mediation, summary jury trial, neutral evaluation, non-binding arbitrati...

Hawaii Family Court Rule 53.1 - Alternative Dispute Resolution

Resource Type: Rules - Court

Abstract: The court, in its discretion or upon motion by a party, may order the parties to participate in an alternative dispute resolution process subject to conditions imposed by the court....

Hawaii District Courts Rule 12.2 - Alternative Dispute Resolution

Resource Type: Rules - Court

Abstract: The court, in its discretion or upon motion by a party, may order the parties to participate in an alternative dispute resolution process subject to conditions imposed by the court. ...

Hawaii Probate Rules - Mediation Rules

Resource Type: Rules - Court

Abstract: Under these rules, the probate court may refer probate, trust, and guardianship cases to mediation, at which point participation in mediation becomes mandatory. The mediator may be assigned by the court or by joint stipulation of the parties. The rul...

Hawaii Appellate Mediation Program Rules

Resource Type: Rules - Court

Abstract: These rules mandate mediation for all appellate cases eligible for the program. Mediators are volunteer, retired justices and judges and retired or semi-retired lawyers chosen from a rotating roster. These mediators are given absolute immunity. Under...

Hawaii Rules of Professional Conduct Rule 2.1 - Advisor

Resource Type: Rules - Court

Abstract: This rule states that a lawyer, in representing a client, shall exercise independent professional judgment and render candid advice, which includes advising a client of alternative forms of dispute resolution which might reasonably be pursued to atte...

Supreme Court of Hawaii Guidelines for Hawaii Mediators

Resource Type: Standards - Court

Abstract: The Supreme Court of Hawaii endorsed a set of standards developed by the state judiciary for private and public mediators. The standards address the process of mediation, impartiality, costs and fees, confidentiality and exchange of information, self...

Hawaii Circuit Courts Rule 12 - Ready Civil Calendar

Resource Type: Rules - Court

Abstract: Section (c) of this rule designates that any party may request a trial setting status conference to establish a trial date and discuss alternative dispute resolution options. In the First Circuit, the plaintiff is required to schedule such a conferen...

Eviction Prevention and Diversion Programs - Early Lessons from the Pandemic

Resource Type: Report

Abstract: This report details the diversity of court-based and court-adjacent eviction prevention and diversion programs that were created or adapted to prevent evictions during the COVID-19 pandemic. In this resource, eviction prevention and diversion program...

The Mediation Center of the Pacific Economic Impact and Social Return on Investment Analysis for the Fiscal Year 2016

Resource Type: Study

Resource Type: Mediation Efficacy Study

Abstract: This study uses social impact return on investment (SROI) to determine the overall economic impact of a statewide network of community mediation centers in Hawaii during the 2016 fiscal year. The SROI analyzes the economic impact of the centers’ serv...

Let's Stop Spreading Rumors About Settlement and Litigation: A Comparative Study of Settlement and Litigation in Hawaii Courts

Resource Type: Evaluation

Abstract: This article disputes the common claim that 95% of cases settle. It examines statistics and compares data from the Circuit Courts of Hawaii in 2007 and in 1996, analyzing 4000 docket sheets and surveying 500 lawyers. By comparing data the authors fou...

ADR in the Federal District Courts: An Initial Report

Resource Type: Report

Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...

Foreclosure Mediation in Depth: Number of Mediations Conducted Per Month

Resource Type: Report

Abstract: This report provides information on the number of foreclosure mediations being conducted in court-related programs in 12 states. The report is based on publicly available statistics collected by the author. It includes information on the statewide pr...

Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs

Resource Type: Report

Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...

Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale

Resource Type: Report

Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...

Community Mediation Trends and Needs: A Study of Virginia and Ten States

Resource Type: Report

Abstract: This study was undertaken to determine what services community mediation centers around the United States are providing and how they are funded, to identify services provided by Virginia's community mediation centers and to identify funding options f...

Hawaii's Court-Annexed Arbitration Program Final Evaluation Report

Resource Type: Evaluation

Abstract: This evaluation examines the effectiveness of Hawaii's Court-Annexed Arbitration Program (CAAP), which is a mandatory, non-binding procedure for tort cases valued at $150,000 or less. The major goals of the program are to reduce litigant costs, reduc...

Pushing the Limits on Court-Annexed Arbitration: The Hawaii Experience

Resource Type: Evaluation

Abstract: This article describes the Hawaii Mandatory Court-Annexed Arbitration Program, which is unique in that its jurisdictional limit ($150,000) is much higher than most states. The author believes that the results of this survey can guide other states in...

Hawaii Center for Alternative Dispute Resolution Annual Report

Resource Type: Report

Abstract: This yearly report details the activities of the Hawai'i Center for Alternative Dispute Resolution. The report describes the programs initiated by the Center and illustrates the direct and indirect mediation services they provide. The report also pro...

Hawaii Center for Alternative Dispute Resolution

Resource Type: Organization

Abstract: The Hawaii Center for Alternative Dispute Resolution was founded in 1985, became a permanent office in 1989 and was "established to help mediate complex litigations, and administrative and judicial disputes that affect the public interest or that inv...